Bradley A. Chicoine, D.C. Dr. Bradley A. Chicoine, P.C. Mark A. Niles, D.C. Niles Chiropractic, Inc. and Rod R…

Summary

The court affirmed the denial of class certification because the plaintiffs did not show that the threshold issue of antitrust injury could be resolved with common proof. The proposed but-for analysis required individualized inquiries into employers, chiropractors, local markets, rates, and patient relationships, and the plaintiffs offered no expert testimony or model capable of resolving those issues classwide. The court also upheld judicial estoppel because the plaintiffs attempted to revive a liability theory they had previously abandoned to avoid dismissal.